FR Doc 2010-14238
[Federal Register: June 14, 2010 (Volume 75, Number 113)]
[Notices]               
[Page 33608-33610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn10-41]                      
         

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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records

AGENCY: Office of Inspector General, Department of Education.

ACTION: Notice of an altered system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice proposing to revise the system of records notice for the 
Investigative Files of the Inspector General (18-10-01), 68 FR 38154 
(June 26, 2003). The Department proposes to amend this system of 
records notice by: (1) Adding a new routine use to allow reporting on 
the activities of the Inspector General regarding American Recovery and

[[Page 33609]]

Reinvestment Act funds to the Recovery Accountability and Transparency 
Board (RATB) as established by the American Recovery and Reinvestment 
Act of 2009 (Pub. L. 111-5); (2) adding a new routine use to allow for 
disclosure of information in connection with response and remedial 
efforts in the event of a data breach in accordance with Office of 
Management and Budget (OMB) requirements in M-07-16 (May 22, 2007); (3) 
revising routine uses ``(12) Disclosure to the President's Council on 
Integrity and Efficiency'' and ``(13) Disclosure for Qualitative 
Assessment Reviews'' to allow reporting on the activities of the 
Inspector General to the Council of Inspectors General on Integrity and 
Efficiency (formerly the President's Council on Integrity and 
Efficiency) as established by the Inspector General Reform Act of 2008 
(Pub. L. 110-409); (4) revising the routine use ``(4) Disclosure to 
Public and Private Sources in Connection with the Higher Education Act 
of 1965, as Amended (HEA)'' to allow the disclosure of information to 
an educational institution or a school that is or was a party to an 
agreement with the Secretary of Education pursuant to the HEA; and (5) 
updating the system location addresses. This system of records provides 
essential support for investigative activities of the Office of 
Inspector General (OIG) relating to the Department's programs and 
operations, enabling the OIG to secure and maintain the necessary 
information and to coordinate with other law enforcement agencies as 
appropriate.

DATES: The Department seeks comments on the proposed, new routine uses 
of the information in the altered system of records described in this 
notice, in accordance with the requirements of the Privacy Act. We must 
receive your comments on or before July 14, 2010.
    The Department filed a report describing the altered system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, OMB on [DRS: Insert 
date.]. This altered system of records will become effective at the 
later date of--(1) The expiration of the 40-day period for OMB review 
on [DRS: Insert date.] unless OMB waives ten days of its 40-day review 
period in which case on [DRS: Insert date.], or (2) July 14, 2010, 
unless the system of records needs to be changed as a result of public 
comment or OMB review.

ADDRESSES: Address all comments about this altered system of records to 
the Assistant Inspector General for Investigation Services, Office of 
Inspector General, U.S. Department of Education, 400 Maryland Avenue, 
SW., Room 4132, PCP Building, Washington, DC 20202-1510. If you prefer 
to send your comments by e-mail, use the following address: 
comments@ed.gov.
    You must include the term ``OIG Investigative Files'' in the 
subject line of your electronic message.
    During and after the comment period, you may inspect all public 
comments about this notice at the U.S. Department of Education, PCP 
Building, Room 8166, 500 12th Street, SW., Washington, DC 20202-0028, 
between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through 
Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request we will supply an appropriate accommodation or auxiliary 
aid, such as a reader or print magnifier, to an individual with a 
disability who needs assistance to review the comments or other 
documents in the public rulemaking record for this notice. If you want 
to schedule an appointment for this type of aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Shelley Shepherd, Assistant Counsel to 
the Inspector General, 400 Maryland Avenue, SW., PCP building, room 
8166, Washington, DC 20202-1510. Telephone: (202) 245-7077. If you use 
a telecommunications device for the deaf (TDD), you can call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

Introduction

    The Privacy Act requires the Department to publish in the Federal 
Register this notice of an altered system of records (5 U.S.C. 
552a(e)(4) and (11)). The Department's regulations implementing the 
Privacy Act are contained in the Code of Federal Regulations (CFR) in 
34 CFR part 5b.
    The Privacy Act applies to a record about an individual that 
contains individually identifiable information that is retrieved by a 
unique identifier associated with each individual, such as a name or 
Social Security number. The information about each individual is called 
a ``record,'' and the system, whether manual or computer-based, is 
called a ``system of records.''
    The Privacy Act requires each agency to publish a notice of a 
system of records in the Federal Register and prepare a report to OMB, 
whenever the agency publishes a new system of records or makes a 
significant change to an established system of records. Each agency is 
also required to send copies of the report to the Chair of the Senate 
Committee on Homeland Security and Governmental Affairs, and the Chair 
of the House Committee on Oversight and Government Reform. The report 
is intended to permit an evaluation of the probable or potential effect 
of the proposal on the privacy rights of individuals.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or computer diskette) on request to the contact person 
listed under FOR FURTHER INFORMATION CONTACT.

Electronic Access to This Document

    You can view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF), on the Internet at the following site: 
http://www.ed.gov/news/fedregister/index.html.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site.

    Note:  The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: 
http://www.gpoaccess.gov/nara/index.html.


    Dated: June 9, 2010.
Kathleen S. Tighe,
Inspector General.
    For the reasons discussed in the preamble, the Inspector General of 
the U.S. Department of Education publishes a notice of an altered 
system of records. The following amendments are made in the Notice of 
an Altered System of Records published in the Federal Register on June 
26, 2003 (68 FR 38154-38158):
    1. On page 38155, 2nd column, under the heading SYSTEM LOCATION(S), 
the paragraph is revised to read as follows:

SYSTEM LOCATION(S):
    Dell Services, Building K, 2nd Floor, Rack: K2AG57, 2300 West Plano 
Parkway, Plano, Texas 75075-8427.
    2. On page 38156, 2nd column, under the paragraph labeled ``(4) 
Disclosure to Public and Private Sources in Connection with the Higher 
Education

[[Page 33610]]

Act of 1965, as Amended (HEA),'' the paragraph is revised to read as 
follows:
    (4) Disclosure to Public and Private Sources in Connection with the 
Higher Education Act of 1965, as Amended (HEA). The OIG may disclose 
information from this system of records as a routine use to facilitate 
compliance with program requirements to any accrediting agency that is 
or was recognized by the Secretary of Education pursuant to the HEA; to 
any educational institution or school that is or was a party to an 
agreement with the Secretary of Education pursuant to the HEA; to any 
guaranty agency that is or was a party to an agreement with the 
Secretary of Education pursuant to the HEA; or to any agency that is or 
was charged with licensing or legally authorizing the operation of any 
educational institution or school that was eligible, is currently 
eligible, or may become eligible to participate in any program of 
Federal student assistance authorized by the HEA.
    3. On page 38157, 1st column, under the paragraph labeled ``(12) 
Disclosure to the President's Council on Integrity and Efficiency,'' 
the paragraph is revised to read as follows:
    (12) Disclosure to the Council of the Inspectors General on 
Integrity and Efficiency (CIGIE). The OIG may disclose records as a 
routine use to members and employees of the CIGIE for the preparation 
of reports to the President and Congress on the activities of the 
Inspectors General.
    4. On page 38157, 1st column, under the paragraph labeled ``(13) 
Disclosure for Qualitative Assessment Reviews,'' the paragraph is 
revised to read as follows:
    (13) Disclosure for Qualitative Assessment Reviews. The OIG may 
disclose records as a routine use to members of the CIGIE, the DOJ, the 
U.S. Marshals Service, or any Federal agency for the purpose of 
conducting qualitative assessment reviews of the investigative 
operations of the Department of Education, Office of Inspector General 
to ensure that adequate internal safeguards and management procedures 
are maintained.
    5. On page 38157, 1st column, after the paragraph labeled ``(13) 
Disclosure for Qualitative Assessment Reviews,'' add new paragraphs 
(14) and (15) to read as follows:
    (14) Disclosure to the Recovery Accountability and Transparency 
Board (RATB). The OIG may disclose records as a routine use to the RATB 
for purposes of coordinating and conducting oversight of American 
Recovery and Reinvestment Act funds to prevent fraud, waste, and abuse.
    (15) Disclosure in the Course of Responding to Breach of Data. The 
OIG may disclose records from this system to appropriate agencies, 
entities, and persons when (a) the OIG suspects or has confirmed that 
the security or confidentiality of information in the system of records 
has been compromised; (b) the OIG has determined that as a result of 
the suspected or confirmed compromise there is a risk of harm to 
economic or property interests, identity theft or fraud, or harm to the 
security or integrity of this system or other systems or programs 
(whether maintained by the Department or another agency or entity) that 
rely upon the compromised information; and (c) the disclosure made to 
such agencies, entities, and persons is reasonably necessary to assist 
in connection with the OIG's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    6. On page 38158, 1st column, under the heading ADDITIONAL SYSTEM 
LOCATIONS, the paragraphs are revised to read as follows:
    Office of Inspector General, U.S. Department of Education, J.W. 
McCormack Post Office and Courthouse, 5 Post Office Square, Suite 850, 
Boston, MA 02110-1491.
    Office of Inspector General, U.S. Department of Education, 32 Old 
Slip, 26th Floor, New York, NY 10005-2500.
    Office of Inspector General, U.S. Department of Education, The 
Wanamaker Building, 100 Penn Square East, Suite 502, Philadelphia, PA 
19107-3323.
    Office of Inspector General, U.S. Department of Education, 1000 
Liberty Avenue, Room 1503, Pittsburgh, PA 15222-4004.
    Office of Inspector General, U.S. Department of Education, Atlanta 
Federal Center, 61 Forsyth Street, Room 18T71, Atlanta, GA 30303-3104.
    Office of Inspector General, U.S. Department of Education, 500 W. 
Madison Street, Suite 1414, Chicago, IL 60661-7204.
    Office of Inspector General, U.S. Department of Education, 1999 
Bryan Street, Suite 1430, Dallas, TX 75201-3136.
    Office of Inspector General, U.S. Department of Education, 8930 
Ward Parkway, Suite 2401, Kansas City, MO 64114-3302.
    Office of Inspector General, U.S. Department of Education, One 
World Trade Center, Suite 2300, Long Beach, CA 90831-0023.
    Office of Inspector General, U.S. Department of Education, Cesar E. 
Chavez Memorial Building, 1244 Speer Boulevard, Suite 604A, Denver, CO 
80204-3582.
    Office of Inspector General, U.S. Department of Education, 
Jacaranda Executive Court, 7890 Peters Road, Suite G-100, Plantation, 
FL 33324-4028.
    Office of Inspector General, U.S. Department of Education, Federal 
Building and Courthouse, 150 Carlos Chardon Avenue, Room 747, Box 772, 
Hato Rey, PR 00918-1721.

[FR Doc. 2010-14238 Filed 6-11-10; 8:45 am]
BILLING CODE 4000-01-P